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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A66820	The high court of justice. Or Cromwells new slaughter-house in England With the authoritie that constituted and ordained it, arraigned, convicted, and condemned; for usurpation, treason, tyrannie, theft, and murder. Being the III. part of the Historie of independencie: written by the same author.; High court of justice	Walker, Clement, 1595-1651.; Andrews, Eusebius, d. 1650.	1651 (1651)	Wing W324D; ESTC R203985	41,776	78

way and suffer their Lives Liberties Estates and Honours to be subject to an Arbitrary Extrajudiciall conventicle of Blood Cromwels new Slaughter house which hath neither Law Justice Conscience Reason President or Authority Divine or Humane but onely the pretended Parliaments irrational Votes and the power of the Sword to maintain it which will prove a Cittadell over their Liberties a snare to their Estates a Deadfall to their lives and a scandal to their honours and familes if not timely opposed 1. By the Law the Endictment must specifie what the Treason is and against what Person committed As against our Soveraign Lord the King his Crown and Dignity But in the said Articles of Impeachment it is alleaged that the Treason is committed against the present Government or against the Keepers of the Liberties of England but in this dead-water our turning Tide between the old Regall and this new unknown Government no man knows how to do look or speak for fear of contracting the guilt of an Interpretative Treason upon the said two Statutes for New Treasons and before this boundlesse lawlesse new Court And to say that Treason is committed against a Government in abstracto is Non-sence it must be said that Treason is committed against the Governours in Concreto naming them For there being no Treason without Allegiance And Allegiance being a personall Obligation must be due from a certain known Person to a certain known Person or Persons And therefore the Keepers of the Liberties of England not being yet made known to us who they are or where to be found or what their power duty or office is and being not tied by any set Oath to deal well and truly with the People as Kings are by their Coronation Oath for if the stipulation be not mutuall the People are Slaves not subjects since the Duties of Allegiance and Protection Obedience and Command being reciprocall as they must needs be the Parliament having declared the Supreme power to be in the People they must not govern them Mero Imperio by lawlesse Votes like Turkish Tartarian and Russian Slaves I cannot ow nor perform Allegiance to those individua vaga the Keepers or Gaolers of our Liberties nor to an Utopian Commonwealth And without Allegiance no Treason for in all Endictments of High Treason it must be alledged That the accused did Proditoriè perpetrate such and such Crimes Contra debitam Allegantiam suam And the word Proditoriè signifies the betraying of a Trust According to the Proverbe In Trust is Treason Now where there is no profession of Allegiance there is no acceptance of a Trust no man can trust me against my will I was born under a Regall Government have read the Stat. Recognition 1. Jac. Have taken as well as others the Legall Oathes of Allegiance Obedience and Supremacy to the King his Heires and Lawfull Successors imposed upon me by lawfull Authority and from which no power on Earth can absolve me and so much I attest in the Oath of Supremacy And how I should now come after the New Moduling of the Parliament and Kingdome by Souldiers to ow Allegiance to Cromwell the Brewer Scot the Brewers Clerk Bradshaw the murderous petty fogger Sr. Hen. Mildmay the Court pander and projector Holland the Linckeboy John Trenchard that packed a Committee in which he was a Member and Voted to himself 2000l Love the super-inducted Six Clerk or any other of that Self-created Authority let them sheath their swords and tell me 2. An Endictment must certainly alledge the Offence committed in respect of the Matter Time Place persons and other circumstances But in these Articles of Impeachment they tie themselves to no such certainties Whereby the Accused knows not at what ward to lie nor how to make his Defence The Circumstances of time place and person being the assured Testimony of all Humane Actions This lawlesse Court leaves him in a vast Sea of Troubles without pole-starre card or compasse to steer by The Arbitrary Opinions of this Court declared upon emergent Occasions being a fals hearted Pilot to him These Judges not being of Counsell with the prisoner as our Legal Judges are who swear to do Justice according to the Law 3. By the Law any learned man that is present may inform the Court for the benefit of the prisoner of any thing that may make the proceedings erronious Cooks 3. Instit. pag. 29. But the whole proceedings of this Court their meeting and sitting being erronious here is no room left for admonition To take away their errours is to take away the Court 4. Cooks 2. Inst. p. 51. expounding the 29. chapter of Magna Charta hath these words All Commissions ought to be grounded upon the Law of England not upon the Votes of the House of Commons and to contain this clause in them To do what is just according to the Laws customs of England not to execute the several powers given them by the Act 26. March 1650 and a little further he saith Against this Antient and Fundamentall Law I finde an Act of Parliament made 11. Hen. VII chap. 3. That as well Justices of Assize as Justices of the Peace without any finding or presentment by the verdict of twelve men upon a bare Information for the King before them made should have full power and Authority by their Discretions to hear and determine all Offences Contempts committed or done by any person or persons against the Form Ordinance or effect of any Statute made and not repealed saving Treason Murder or Felony By colour of which Act shaking this Fundamentall Law it is not credible what horrible Oppressions and Exactions to the undoing of infinite number of people were Committed by Empson and Dudley Justices of the Peace throughout England And upon this unjust and injurious Act a new Office was erected as commonly in like cases it falleth out and they made Masters of the Kings Forfeitures I heare such an other Office will be erected when the novelty of this wonderfull High Court is lessened and the yoak thereof throughly setled upon the people necks Yet observe the said Act 11. H. 7. cap 3. went not so high as to Treason Murder and Felony But by the Stat. 1. Hen. VIII chap. 6. the said Act 11. Hen. VII was repealed and the reason given For that by force of the said Act it was manifestly known That many sinister and crafty forged and feigned Informations had bin pursued against many of the Kings Subjects to their great dammage and wrongful vexation The ill successe hereof saith Cooke and the fearful end of these two Oppressors who were Endicted and suffered for High Treason for all the said Act 11. Hen. VII passed in a full and free Parliament Cook 3. Instit. pag. 208. Should admonish Parliaments That in stead of this Ordinary and pretious Triall by the Law of the Land they bring not in Absolute and partiall Tryals by discretion And in his 4. Instit. p. 41. Cook saith

his present Answer and Salvo may be accepted and registred Eusebius Andrewes The Second Answer of Col. Eusebius Andrews Esquire To the Honorable The High Court of Iustice 1650. THe said Respondent with the Favour of this Honorable Court reserving and praying to be allowed the Benefit and Liberty of making further Answer if it shal be Necessary In all humblenesse for the present Answer offereth to this Honorable Court That by the Letter and genuine sense of the Act entituled An Act for establishing an High Court of Justice The said Court is not qualified to try a Freeman of England such as the Respondent averreth himself to be for life in Case of Treason For that 1. The said Court is not Constituted a Court of Record neither hath Commission returnable into a Court of Record So that 1. The State cannot upon Record and but upon Record cannot at all have that Account of their Freemen which Kings were wont to have of their Subjects and States exact else where at the hands of their Ministers of Justice 2. The Freemen and those who are or may be concerned in him can have no Record to resort to by which to preserve the Rights due to him and them respectively viz. 1. A writ of Errour in case of erronious Judgment 2. A plea of Auterfoies acquit in case of new question for the same fact 3. An Enlargement upon Acquitall 4. A Writ of Conspiracy not to be brought untill Acquitall against those who have practised to betray the life of the Respondent 1. The Writ of Errour is due by presidents Paschae 39. Ed. III. John of Gaunts Case Rot. Parliament 4. Ed. III. Num. 13. Count de Arundells Case Rot. Parliament 42. Ed. III. Num. 23. Sr. John of Lees Case 2. Auterfois acquit appears by Wetherell and Darleis Case 4. Rep. 43. Eliz. Vaux his Case 4. Rep. 33. Eliz. 3. The Enlargement appears by Stat. 14. Hen. VI chap. 1. Diers Reports fol. 121. The year book of Ed. IV. 10. fol. 19. 4. The writ of Conspiracy by The Poulters Case 9 Rep. fol. 55. This Court is to determine at a day without account of their proceedings and have power to try judge and cause Execution but not to acquit or give Enlargement So that the nocent are thereby punishable the injured betrayed not vindicable Which are defects incompatible with a Court of Justice and inconsistent with Justice it self and the honor of a Christian Nation and Common-wealth 2. The members of this Court are by the said Act directed to be sworn 1. Not in Conspectu populi for the Freemans satisfaction 2. Not in words of Indifferency and obliging in equality 3. But in words of manifest partiality viz. You shall swear That you shall well and truly according to the best of your skill and knowledge execute the severall powers given you by this Act 1. If the Court be Triers and Judges too it is humbly offered by the respondent that it is but reasonable that they should be sworn as Triers in the sight of the Freeman who shall be upon his Triall 2. And That as Justices of Oyer and Terminer They being authorised to hear and determine by the words of the Act. They should take an oath such as is usual equal set down E. III Viz You shall sweare That well and lawfully you shall serve our Lord the King and his People in the Office of Iustice c. And that you deny to no man Common Right 3. Or that this Court taking Notice of such high matters as Treason upon the guilt wherof the Freemens life depends should take an Oath at least as equall as a Iustice of the Peace Daltons Iust. of Peace fol. 13. the words are I A. B. do sweare that I will do equall Right c. according to my best wit cunning and power after the Laws and Customes of the Land and the Statutes thereof made c. 4. If the Court will be Judges and Triers too for they have power given them to conclude the Freemen by the opinion of the major number of twelve holding some resemblance but with a signall difference with the verdict of a Jury it were but reasonable that they should take an Oath correspondent to that usually administred to Iury-men The words are You shall well and truly try and true deliverance make betweene the Keepers of the Liberties of England and the Prisoner at the Bar according to your Evidence So help you God c. 5. When this Court as it is now constituted hath condemned a Freeman by applying their skill and knowledge to the power given them whether justly or not the Oath injoyned them by the Act 26. March 1650. is not broken literally as to be exactible by man though God will have a better account And therefore upon the whole matter premised The Respondent saving as before averreth for Law and Reason This Court by the words of the Act constituting it is not qualified in respect of the objected defects to passe upon him for life in case of Treason And praies this his 2l Answer may be received with the Salvo's and registred Eusebius Andrewes The third Answer of Col. Eusebius Andrews Esquire to the Honorable The High Court of Justice 1650. THe said Respondent with favour of this Honourable Court reserving and praying to be allowed the benefit and Liberty of making farther Answer if it shall be necessary in all humbleness for present Answer offereth to this Honorable Court 1. That it is his Right if he admit this Court to be duly and legally established and constituted as to their being a Court to be tried by his Peeres men of his own condition and Neighbourhood 2. That it is within the power of this Court by the Letter of the Act 26. March 1650. Or at least not repugnant to the Act to try him by such his Peeres c. 1. That it is his Right to be tried only so appeares by Mazna Charta chap. 29. 25. Ed. 3. chap. 9. 28. Ed. 3. chap. 4. 42. Ed. 3. chap. 3. 25. Ed. 1. chap. 1. and 2. 25. Ed. 3. chap. 2. and 4. 37. Ed. 3. chap. 18. By all which this Right is maintainable And the Proceedings contrary thereunto will be held for none and to be redressed as void and erronious So that if the Lawes and Courts were not obstructed in the cases of some sort of Freemen of England the whole proceedings contrary to these Lawes without a Jury of his Peeres were avoidable and reversable by Writ of Error as appeares by the Presidents vouched in the Respondents 2d Answer 3. That it is in the Courts power To try the Freeman and consequently the Respondent by a Jury of his Equalls The Court is humbly desired to consider the words of qualification 1. The Court is authorised To hear and Determine and so if at all Commissioners then Commissioners of Oyer and Terminer and such Commissioners in their naturall Constitution and practicall execution do

not by any Law of the Land but by the will of lawlesse power and Rebellion that hath cancelled all our Lawes Liberties and Properties and subverted our Fundamentall Government and disfranchised and disinherited the whole Nation Yet Master St. Iohns in his said Argument against Strafford p. 38. was then of opinion That to subvert the Lawes and Government and make a Kingdom no Kingdom was Treason at the Common Law This Act 26. Mar. 1650 is a new modelled Commission of Oier and Terminer And all the people of the Land are by the consequence thereof disfranchised and proscribed The illegality and tyranny thereof they have introduced who in this Parliament so zealously complained against the Court of the President Counsel of York or of the North as an intolerable grievance notwithstanding it had been of as long continuance as from 31. H. 8 as appears by a worthy Members speech or Argument against it in the said Book of Speeches Passages p. 409. made by order of the House of Commons in April 1649. I find not one Exception there made against the Court of York to which this upstart high Court is not more liable then it 1. The Commissioners of this high Court are not appointed to inquire per Sacramentum proborum legalium hominum that is by Iuries as by Magna Charta and above 30. Statutes confirming it all Commissions ought to run 2. They are not appointed nor sworn to heare determine Secundùm Leges Angliae according to the known Lawes as they ought to be but according to certain Articles powers given in the said Act 26. March 1650. 3. The said Act 26. March leaves a dangerous latitude to the interpretation and discretion of the Commissioners contrary to what is done in the Act 25. Ed. 3. chap. 2. namely It hath one Clause enabling them to inflict upon Offenders such punishment either by death or otherwise corporally as the said Commissioners or the major part of them present shall judge to apperteine to Justice This leaves it in the brests of the Commissioners without any Law or rule to walk by to inflict what torments and ignominious punishments they please although not used in our Nation and arbitrary corporall paines are proper to slaves not to Subjects Here after the losse of all but their bodies the people may see their bodies subject to the lawless wills of our Grandees And by another clause this Act impowreth the Commissioners To examine witnesses upon oath or otherwise if need be This word or otherwise c. gives them power to examine witnesses without oath if they cannot procure witnesses so far the sons of Belial and cauterised in conscience as to adventure upon an oath even in case of life and death and mutilation of members contrary to the current of all our Lawes and practice of all our Courts of Law and of all Nations See Stat. 1. Ed. VI chap. 12. 5 Ed. VI chap. 11. Cooks 3. Inst. pag. 24 25 26. Deut. 17. 6. Ex ore duorum vel trium peribit qui-occidetur Deut. 17. 6. Matth. 18. 16. John 18. 23. 2 Cor. 13. 1. Heb. 10. 28. This is the most arbitrary destroying liberty that ever was given to Iudges And such as none but professed theeves and murderers will accept or make use of The Scripture saith An oath is the end of controversy between man man How then can they end and determine a controversy without oath But the end of all controversies before this Butcher-row of Iudges is cutting of throats and confiscation of estates And by the same clause of the said Act To examine witnesses They may and I heare do examine witnesses clandestinely and proceed upon bare Depositions read in Court whereas they ought to produce the witnesses face to face in open Court and there sweare them that the Party accused may interrogate them and examine the circumstances and whether they contradict themselves or one another for cleering the Evidence And whether they be lawfull witnesses or no Nay I hear they do privately suborn and engage witnesses without oath And then produce them to swear what they have formerly related only and if they scruple at an oath punish them for misinforming the State 4. That I may make some more use of the aforesaid Members words Whether the King or a prevailing Party usurping his Kingly power may canton out a part of his Kingdom or cull mark out for slaughter some principall men deny them the benefit of law in order thereto as these Judges do to be tried by speciall Commission since the whole Kingdom is under the known lawes Courts established at Westminster It should seem by this Parliaments eager complaint against the speciall Commission of York this Parliament hath determined this question in the negative allready whatsoever their present practise to carry on their Designe is See Stat. 17. Car 1. against the Star Chamber To what purpose serve those Statutes of Magna Charta and the Petition of Right if men may be fined and imprisoned nay murdered without Law according to the discretion of Commissioners This discretion is the quick-sand that hath swallowed our Properties and Liberties but is now ready to swallow our carkasses Thus far that Gentleman Whose words then carried the Parliamentary stamp upon them Let me add some more exceptions of my own against this high Court of Injustice 5. Soldiers of the Army are appointed by the Act 26. March to be assistant to the Commissioners contrary to the peaceable proceedings of the Law which never makes use of any but civill Magistrates and Officers of the Law See Stat. 7. Ed. l. 2. Ed. III. chap. 3. 7. R. II. chap. 13. 6. And contrary to the old oath which all Judges ought to take in these words You shall sweare well lawfully to serve the King people in the Office of Justice c. And that to what estate condition they be come before you in the Sessions with force and armes against the peace against the Statute thereof made to disturbe the Execution of the Common Lawes or to menace the people that you arrest their bodies c. Stat. 18. Ed. III. in An. Dom. 1344. p. 144. Poultons Book of Stat. at large But the oath appointed for these Commissioners to take is not penned in termes of Indifferency Nor doth any waies oblige them to the people 26. Mar. 1550. viz You shall sweare well and truly according to the best of your skill and knowledge to execute the severall powers given you by this Act not well lawfully to serve the people Besides they swear to execute the severall powers given not to do Justice according to the Lawes Now the Lawes are the only Rules of Iustice by which we distinguish crooked from streight true from false right from wrong This is not the work these Iudges are packed for but to execute Acts of power and will But powers are often usurped tyrannicall illegall

with not by absolute power as formerly had bin used and as is now used by this bloudy High Court But before these Slaughter-men of the High Court all manner of witnesses Legal or Illegal one or two sworn or not sworn or apparently forsworn and suborned and all proofes cleere or not cleere are sufficient The Prisoner is sent thither fore-doomed and hath his deaths Marck his fate in his forehead 10. The said Act 26. March 1650. Carries two faces under one hood and looks backwards as well as forewards To facts Precedent as well as Subsequent the said Act Contrary to the Nature of all Laws whose Office is to prohibite before it punish to warn before it strike Where St. Paul defineth Sinne to be The breach of Commandement or Law I had not known Sinne but by the Lawe The Law must therefore be precedent to the Offence But these Acts are not Laws to admonish but Lime-twigges and Trappes to ensnare and Catch men See Col. Andrewes 3. Answers at the latter end of this Book Fourthly and lastly I am to consider To what end and purpose this New invented High Court is constituted and appointed Concerning which see a Letter dated 6. June 1650. Stilo veteri from the Hague supposed to be Walter Strick-lands the Parliaments Agent there as I finde it in Walter Frostes Brief Relations of some Affairs and Transactions c. from Tuesday June 11. to June 18. 1650. wherein the Epistoler hath these words One peece of the cure viz of the daungers that threaten your New State must be Phlebotomy but then you must begin before Decumbency and then it will be facile to prevent danger c. They are here most of all affraid of your High Court of Justice which they doubt may much discourage their party they wish you would not renewe the power thereof but let it expire then they think that after Michilmas they may expect Assistance with you And indeed that Court is of almost as much use to you as an Army and will prevent the rising of as many Enemies as the other will destroy onely you must be sure to execute Justice there with all Severity A few of the first stirrers taken away by the power thereof without respect to cousen or Countrey will keep all the rest quiet But whosoever that Court condemns let them be as already dead c. But let them be most free in cutting the vena Coephalica that is the Presbyterian Party for the Basilica or Royal Party will be latent The Median or levellors would be spared as much as may be that the body be not too much emaciated Besides the bloud is most corrupt in the Coephaliks or Presbyterians and is the very causa continens of your disease You need not fear to take freely of this vein c. Heere you see this State-Mountebancke gives you the use and Application of this corrasive The High Shambles of Justice so fully that I shall not need to comment upon it And in the latter end of a Letter from Cromwell dated from Dunbar 4. September 1650. as I finde it in Politicus speaking of his new purchased victory over the Scots Cromwell saith God puts it more and more into your hands to improve your power viz. your absolute Authority wee pray own his People more and more that is The Army they are the Chariots and Horsmen of Israel of the Kingdom of the Saints disowne your selves but owne your Authority vvhich you enjoy under the Protection of the Army your Lords Paramounte and improve it to Curbe the Proud and the Insolent c. That is all men of different Opinions and Parties from them that will not engage to be true and owe Allegeance to the Kingdom of the Saints and resigne their Lawes Liberties and properties to their lusts and wills That I have not misconstrued the contents of Cromwells mistical Letter will appear by a Discourse in the same Politicus Numb. 17. from Thursday September 26. to October 3. 1650. Where according to his Custom delivering forth State Oracles to the people He tells them in plaine English That after the Confusions of a Civill warr there is a Necessity of some settlement and it can not in reason be imagined the Controversy being determined by the sword that the Conquerers should submit to the conquered though more in number then themselves Nor are they obliged to settle the Government again according to the former Laws and Constitutions but may erect such a form as they themselves conceive most convenient for their own preservation For after a Civil war the written Laws viz. established Laws of the Nation are of no force but onely those which are not written And a little after The King having by Right of war lost his share and interest in Authority and power being conquered by Right of war the whole must needs reside in that part of the People which prevailed over him There being no middle power to make any claim and so the whole Right of Kingly Authority in England being by Military Decision resolved into the prevaling Party what Government soever it pleaseth them to erect is as valide de Jure as if it had the consent of the whole Body of the People That he should affirm That after a Civil war the Established Lawes cease is so grosse a piece of Ignorance that there is hardly any History extant but confutes it After our Barons warr and the Civil warr between York and Lancaster Our Established Laws flourished so did they after the Norman Conquest How many Civil Warrs in France have left their Lawes untouched That of the Holy League lasted 40 years Belgia keeps her Lawes maugre her intestine Warrs What is now become of the Parliaments declared Supream power and Soveraigne Lord the People the Originall and Fountain of all Iust power are they not all here proclaimed Ear-bored slaves for ever But I had thought that an Army of Mercinary Saints raised payed and commissioned by the Parliament to defend the Religion Lawes Liberties and Properties of the People and the Kings Crown and Dignitie according to the Protestation and Covenant and the Parliaments Declarations would not have made such Carnal and Hypocriticall use of their Victories gotten by Gods Providence and the Peoples Money as to destroy our known Laws Liberties and Properties and claim by Conquest and impose their own lusts for Laws upon us Thereby rendering themselves Rebells against their God their King and Countrey Nor was it ever the State of the Quarrell between the King and Parliament whose Slaves the People should be Or whether we should have one King Governing by the known established Lawes or 40 Tyrants Governing by their owne lusts and Arbitrary votes against our written Lawes Nor can the successe make a Conquest just unless the cause of the warr were Originally just and the prosecution thereof justly managed As 1. To vindicate a Just Claim and Title 2. Ad res repetendas To recover Dammages wrongfully sustained

proceeed against Freemen according to Law by a Jury of their Peeres and not otherwise 2. Authorised to proceed to Triall Condemnation and Execution But not restrained to the manner limitative As to Triall by the Opinion of the Court as Triers Nor exclusive As to Triall per pares But is left in the Manner as in the Judgement it self To the Opinion of the major part of 12. and if they shall think fit to try by a Jury it will be no offence against the Act there being no prohibition to the contrary And though this Respondent insisteth upon his said Right consisting with the Courts said power and the more to induce the Court to grant him his said Right He humbly representeth the wrong done to himself and in him to the Freemanzy of England in the following particulars against their just Rights depending upon such Trialls to be allowed or denied 1. Challenges to his Triers peremptory or with cause of Challenge 2. Seeing hearing and Counter-questioning the witnesses for clearing of the Evidence in matter of Fact and Circumstance 3. The being convicted or acquitted by a Full and fully consented verdict To all which benefits as his undoubted Right and the Right of all the Freemen of England the Respondent maketh claim by these Reasons Laws and Presidents following 1. The benefit of Challenges by the learning of Stanford in his Pleas of the Crown Title Challenge fol. 150. To Challenge 35. without Reason shewed and with Reason shewen without Number Adjudged 32. Hen. VI in Poinings case abriged by Fitzherb Tit. Challenge fol. 26. allowed in Hillary 1. Iac. S● Walter Rawley and Brooks 2. To the hearing and questioning the value and weight of the witnesses The Laws are plain in Stanfords pleas of the Crown fol. 163. 164. Stat. 1. and 2. of Phil. and Mary Chap. 10 11. 1 Ed. VI chap. 12. Cookes 3. Institut pag. 12. upon the words in the St. 25. Ed. III. chap. 2. Provablement atteint Because the punishment was heavy the proof must be punctuall and not upon presumptions or Inferences or streins of wit nor upon Arguments simili or Minori ad Majus c. But upon good and clear proofs made good also by the Stat. 1. Ed. c. 6. 19. Ed. c. 1. 3. A verdict by Jury passeth from all or not at all In this way of proceeding by the Court immediatly it passeth by way of concurrence or voting the great fault found with the Star-Chamber and all Commissionary Courts proceeding without presentment or or Enditement 4. A Verdict passeth from a Jury before discharged upon their Affairs of busines or supplies of Nature to prevent corruption by mony or power In this way of Triall a man may be heard to day and a Sentence given at leasure when the power and will of those by whom the Freeman is prosecuted be first known And from such a proceeding this Respondent can hope little equality he being to his knowledge forejudged already by them And therefore if at all this Honourable Court think fit to proceed to a Triall of this Respondent he claims the Benefit of Triall per pares by Evidence viva voce And rests on the Opinion of the Court saving as formerly Liberty of farther Answer if over ruled And prayes that this his Answer and Salvos may be accepted and Registred Eusebius Andrews Vnumquodque conservatur eodem modo quo fit In novum regnum vi armisque partum redigere atque aliis Novis legibus domanere ac guginare Beberum Meteran in anno 1567. Roidan in anno 1566. Iohn Fraunces Petit. Thuanus Petitioning against Innovations in Government and for the knowne Laws made Treason the like the Parliament Practiseth against such as Petitioned for Peace by accommodation And against our High Court of Justice Arbitrary Imprisonments and Taxes We have forfeited our laws by Conquest or else our Grandees would not passe the two Acts for Treason 14 May 17 Iuly 1649. Nor erect the High Court of Iustice and abolish out ancient Laws and Government See Pol. 3. Oct. 1650. and the Case of the Kingdom stated Compare this with the two Acts for New Treasons 14. May 17. July 1549. and the Act 26. March 1650. and Sr. Jo. Gells case stated Our High Court of Iust. exceedes all this See Sr. J. Gells case stated Printed Aug. 1650. In their Tax Rolls they usually set in the Margent to every name private notes of distinction An M. an N or P. The letter M. stands for Malignant he that is so branded is highly taxed and his complaints for redresse slighted N. stands for a Neuter he is more indifferently rated and upon cause shewn may chan●e to be relieved The letter P. signifies a perfect Parliamentarian He is so favourably taxed as he bears an inconsiderable part of the burden and that they may the better consume with Taxes and want all such as do not concurre with them in the height of their villanies The pretended Harliament are now debating to raise the Monethly Tax to 240000. lib or to deprive every man of the third part of his Estate both Reall and Personall for maintenance of their immortall warres and short lived Common-wealth Besides Excise Customes Tonnage and Poundage Freequarter finding Arms and Horses and the sale of Corporation Lands now in agitation Whilest our Grandees enrich all the Banks of Christendome with vast summer raised by publick theft and Rapines See Stat. Recognition 1. Iac. The Oaths of Allegegeance Obededience and Supremacy and all our Law Books This Stat. 25. Ed. III. e. 2. S. Johns against Strafford calls the security of the people And the Stat. 1. Hen 4. chap. 10. Ed. VI Chap. 12. 1. Mariae J. ratify and highly commend They have converted our ancient Monarchy into a Free-State and tell us they are the strate They tell us they have bestowed Liberty upon the People but they and their petty faction onely are the People All the rest of the English Nation are annihilated and reduced to nothing that these fellows may become all things Meere ciphers serving onely to make them of more account And this grosse fallacy must not be disputed against least their New Acts of Parliament call it Treason 1. A Collusive Accommodation 2. An intened Massacre 3. The Engagement 4. The High Court of Iustice See Stat. 5. Ed. VI chap. 11. Cookes 3. Inst. pag. 26. Witnes about 3000. Scottish Prisoners of Warre starved to death at Durham where they eat one another for hunger These were taken at the battle of Dunbar An. 1650. 3. Sept. and many hundred Prisoners have been murdered in Goales with hunger cold nastinesse and contagion after they have been robbed of their Estates and no Crime laid to their Charge This is now become a dayly practise See the Triall of K. Charls I. in the History of Independency 2. Part. p. 19 c. See the Additionel Post script at the Latter end of this Book See Col. Andrews 3 Answers VVhere there is but one witnes It shall be tried by combat before the Earle Martial Cook ibidem 10. Dec. 1650. a New Act passed for establishing an High Court of Justice in Norfolk Suffolk Huntington Cambridge Lincoln and the Isle of Ely c. And so by degrees this gangrene shall enlarge it self all the Kingdom over * They forget the 2. Declarations 9. Febr. 17. March 1648.